May 22, 2026

Medtech Med. Supply, Inc. v Allstate Ins. Co. (2026 NY Slip Op 50810(U))

Headnote

The insurer's motion to vacate the provider's judgment entered upon a settlement default was denied on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, concerning the judgment entered under CPLR 5003-a (e). It relied on the reasons stated in the companion appeal decided the same day, Paramount Med. Group v Allstate Ins. Co., No. 2025-1319 Q C.

Reported in New York Official Reports at Medtech Med. Supply, Inc. v Allstate Ins. Co. (2026 NY Slip Op 50810(U))

Medtech Med. Supply, Inc. v Allstate Ins. Co.
2026 NY Slip Op 50810(U) [89 Misc 3d 128(A)]
Decided on May 22, 2026
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Digest-Index Classification: Unclassified

Medtech Medical Supply, Inc., as Assignee of Sabni Khalil, Appellant,

v

Allstate Insurance Company, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th And 13th Judicial Districts

Decided on May 22, 2026

2025-1258 Q C

Present: : Chereé A. Buggs, J.P., Wavny Toussaint, Karen Lin, JJ

Glinkenhouse Queen, Esqs. (Alan Queen of counsel), for appellant. Merani Kamara Law Group (Samuel A. Kamara and Peter C. Merani of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ira R. Greenberg, J.), dated July 8, 2025. The order, insofar as appealed from, granted the branch of defendant’s motion seeking to vacate a judgment in favor of plaintiff entered September 13, 2023 pursuant to a default under a settlement.

[*1]

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branch of defendant’s motion seeking to vacate the September 13, 2023 judgment is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court (Ira R. Greenberg, J.) dated July 8, 2025 as granted the branch of defendant’s motion seeking to vacate a judgment in favor of plaintiff entered September 13, 2023 pursuant to a default under a settlement (see CPLR 5003-a [e]).

For the reasons stated in Paramount Med. Group, P.C., as Assignee of Jainan Singh v Allstate Ins. Co. (— Misc 3d —, 2026 NY Slip Op — [appeal No. 2025-1319 Q C], decided herewith), the order, insofar as appealed from, is reversed and the branch of defendant’s motion seeking to vacate the September 13, 2023 judgment is denied.

BUGGS, J.P., TOUSSAINT and LIN, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: May 22, 2026

Similar decisions